Bulleen & Bulleen
Case
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[2010] FamCA 187
•12 March 2010
Details
AGLC
Case
Decision Date
Bulleen & Bulleen [2010] FamCA 187
[2010] FamCA 187
12 March 2010
CaseChat Overview and Summary
In the matter of Bulleen & Bulleen, heard before Justice Cronin, the dispute concerned the division of property between a husband and wife. The court was tasked with determining the final distribution of various assets, including real estate and artwork, and establishing the respective entitlements of each party.
The central legal issues before the court were how to divide specific items of property, namely a property at Q Street and a collection of artwork located at M Street, L Street, and at unlisted locations, while also determining the overall percentage split of the parties' total property. The court also had to consider how these specific distributions would integrate with the overall division of assets and provide a mechanism for resolving any outstanding disagreements.
Justice Cronin ordered that the husband would retain the property at Q Street, and the wife would relinquish any interest in it. The artwork was to be divided by grouping it according to artist, with the parties then picking artwork on an alternating basis, with the wife having the first pick of an artist. Any remaining artwork after this process was to be sold, with the proceeds divided. Notwithstanding these specific distributions, the court ordered that the parties' total property be divided 53.3 per cent to the husband and 46.7 per cent to the wife. The ultimate distribution of assets in specie, sales, tax liabilities, and any cash payments were to be agreed upon by the parties, taking into account the specific distributions and the overall percentage split. If agreement could not be reached, the court would make a further determination.
The central legal issues before the court were how to divide specific items of property, namely a property at Q Street and a collection of artwork located at M Street, L Street, and at unlisted locations, while also determining the overall percentage split of the parties' total property. The court also had to consider how these specific distributions would integrate with the overall division of assets and provide a mechanism for resolving any outstanding disagreements.
Justice Cronin ordered that the husband would retain the property at Q Street, and the wife would relinquish any interest in it. The artwork was to be divided by grouping it according to artist, with the parties then picking artwork on an alternating basis, with the wife having the first pick of an artist. Any remaining artwork after this process was to be sold, with the proceeds divided. Notwithstanding these specific distributions, the court ordered that the parties' total property be divided 53.3 per cent to the husband and 46.7 per cent to the wife. The ultimate distribution of assets in specie, sales, tax liabilities, and any cash payments were to be agreed upon by the parties, taking into account the specific distributions and the overall percentage split. If agreement could not be reached, the court would make a further determination.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
Legal Concepts
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Remedies
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Costs
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Injunction
Actions
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Citations
Bulleen & Bulleen [2010] FamCA 187
Most Recent Citation
Fields & Smith [2015] FamCAFC 57
Cases Citing This Decision
11
Bernet and Bernet
[2018] FamCA 479
BULLEEN & BULLEEN
[2012] FamCA 101
BULLEEN & BULLEEN
[2011] FamCA 253
Cases Cited
5
Statutory Material Cited
1
VAK & AK
[2005] FamCA 803
Norbis v Norbis
[1986] HCA 17
Norbis v Norbis
[1986] HCA 17